Mrs. Maloney (for
herself, Mr. Duncan of Tennessee,
Mr. Costa,
Mr. McGovern,
Mr. Grijalva, and
Mrs. McCarthy of New York) introduced
the following bill; which was referred to the
Committee on Education and the
Workforce

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1.Short title.

This Act may be cited as the
“Campus Sexual Violence Elimination
Act” or the “Campus SaVE Act”.

SEC. 2. Findings.

Congress finds the following:

(1) Between 20 and 25
percent of female students will experience some form of sexual assault during
their years at an institution of higher education, and nearly 3 percent of all
such women become victims of either attempted or completed rape in each 9-month
academic year.

(2) Multiple studies
indicate that lesbian, gay, bisexual, and transgender (LGBT) students are more
likely to experience violence and threats of violence, including sexual
violence, than their non-LGBT peers.

(3) Between 85 and 90
percent of reported sexual assaults against female students at institutions of
higher education are perpetrated by someone known to the victim, and nearly
half of such sexual assaults occur on a date.

(4) Less than 5
percent of rapes or attempted rapes of female students at institutions of
higher education are reported to campus authorities or law enforcement. In
2009, only 2,578 forcible sex offenses and 68 non-forcible sex offenses that
occurred on the campus of a 2-year or 4-year institution of higher education
were reported, among 8,476 2-year and 4-year public and private institutions of
higher education.

(5) Students are more
likely to report a sexual assault when they know how to report a sexual assault
and how a school will respond if such a report is made, yet fewer than half of
the institutions of higher education in the United States have written policies
for filing criminal charges and campus reports related to sexual
assault.

(6) Only
1⁄3 of the institutions of higher education in the United
States report their crime statistics correctly, resulting in statistics in
which instances of sexual assault have been misclassified and underrepresented.
Less than half of all institutions of higher education in the United States
offer any sexual assault training, and such training is often provided only for
resident advisers and security officers.

(7) Thirty-six percent
of institutions of higher education offer safety training that includes
teaching students how to prevent and defend against sexual assault.

(8) Less than 20
percent of institutions of higher education educate students about acquaintance
rape, and less than half of 4-year public institutions do so.

(9) According to
campus administrators, the reporting of sexual assaults would be facilitated if
institutions of higher education provided services for victims, written law
enforcement response procedures, new student orientation, and campus-wide
publicity about past crimes.

(10) While dating, domestic, and sexual violence
affect women regardless of their age, teens and young women are especially
vulnerable.

(11) Women of all ages
are at risk for domestic and sexual violence, and women ages 20 to 24 are at
the greatest risk of experiencing nonfatal intimate partner violence.

(ii) by
striking “beginning September 1, 1992, and each year thereafter,”
and inserting “, by October 1 of each year,”;

(B) by striking
subparagraph (A) and inserting the following:

“(A) A statement of current campus policies
regarding procedures and facilities for students, employees, and others in the
campus community to report criminal actions or other emergencies occurring on
campus, on public property, and in or on noncampus buildings or property, and
policies concerning the institution’s response to such
reports.”;

(C) in subparagraph
(C)(iii), by striking the period at the end and adding at the end “, when
the victim of such crime elects to make such a report.”;

(D) in subparagraph
(F)—

(i) by
striking “and” at the end of clause (i)(IX);

(ii) by
striking the period at the end of clause (ii) and inserting “;
and”; and

(iii) by
adding at the end the following:

“(iii) of domestic violence, dating
violence, and stalking incidents that were reported to campus security
authorities or local police agencies.”;
and

(E) in subparagraph
(I), by striking “section 170101(j)” through the end, and
inserting “the Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex
Offender Registration and Notification Program established under the Adam Walsh
Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.) concerning
registered sex offenders enrolled or working at the institution may be
obtained, such as the law enforcement office of the institution, a local law
enforcement agency with jurisdiction for the campus, or a Web
site.”;

(2) in paragraph (3),
by inserting “, that withholds the names of victims as
confidential,” after “that is timely”;

“(i) The term ‘awareness program’
means any program designed to alert students at an institution of higher
education to the prevalence of domestic violence, dating violence, sexual
assault, or stalking, including—

“(I) discussions of the nature and number of
cases of domestic violence, dating violence, sexual assault, and stalking at
such institution in the 3 preceding calendar years;

“(II) statistics on the outcomes of
disciplinary proceedings for such cases at such institution; and

“(ii) The term ‘bystander
intervention’ means safe and positive options that may be carried out by
an individual to prevent harm or intervene when there is a risk of domestic
violence, dating violence, sexual assault, or stalking against a person other
than such individual.

“(iii) The term ‘campus’
means—

“(I) any building or property owned or
controlled by an institution of higher education within the same reasonably
contiguous geographic area of the institution and used by the institution in
direct support of, or in a manner related to, the institution's educational
purposes, including residence halls; and

“(II) property within the same
reasonably contiguous geographic area of the institution that is owned by the
institution but controlled by another person, is used by students, and supports
institutional purposes (such as a food or other retail vendor).

“(iv) The term ‘dating violence’ has
the meaning given the term in section 40002(a) of the Violence Against Women
Act of 1994 (42 U.S.C. 13925(a)).

“(v) The term ‘domestic violence’ has
the meaning given the term in section 40002(a) of the Violence Against Women
Act of 1994 (42 U.S.C. 13925(a)).

“(vi) The term ‘noncampus building or
property’ means—

“(I) any building or property owned or
controlled by a student organization recognized by the institution; and

“(II) any building or property (other
than a branch campus) owned or controlled by an institution of higher education
that is used in direct support of, or in relation to, the institution's
educational purposes, is used by students, and is not within the same
reasonably contiguous geographic area of the institution.

“(vii) The term ‘primary
prevention’ means programming and strategies intended to stop domestic
violence, dating violence, sexual assault, or stalking before it occurs through
the changing of social norms and other approaches.

“(viii) The term ‘public
property’ means all public property that is within the same reasonably
contiguous geographic area of the institution, such as a sidewalk, a street,
other thoroughfare, or parking facility, and is adjacent to a facility owned or
controlled by the institution if the facility is used by the institution in
direct support of, or in a manner related to the institution's educational
purposes.

“(ix) The term ‘results’ means a
decision or determination, made by an honor court or council, committee,
commission, or other entity authorized to resolve disciplinary matters within
an institution of higher education.

“(x) The term ‘risk reduction’ means
options for recognizing warning signs of abusive behavior, and how to avoid
potential attacks.

“(xi) The term ‘sexual assault’
means an offense classified as a forcible or nonforcible sex offense under the
uniform crime reporting system of the Federal Bureau of Investigation.

“(xii) The term ‘stalking’ has the
meaning given the term in section 40002(a) of the Violence Against Women Act of
1994 (42 U.S.C.
13925(a)).”;

(5) in paragraph
(7)—

(A) by striking
“paragraph (1)(F)” and inserting “clauses (i) and (ii) of
paragraph (1)(F)”; and

(B) by inserting after
“Hate Crime Statistics Act.” the following: “For the
offenses of domestic violence, dating violence, and stalking, such statistics
shall be compiled in accordance with the definitions used in section 40002(a)
of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).”;

(6) by striking
paragraph (8) and inserting the following:

“(8)(A) Each institution of
higher education participating in any program under this title, other than a
foreign institution of higher education, shall develop and distribute as part
of the report described in paragraph (1) a statement of policy
regarding—

“(ii) the procedures that such institution will
follow once an incident of domestic violence, dating violence, sexual assault,
or stalking has been reported, which shall include—

“(I) providing, in writing, to each student or
employee who reports to the institution that he or she has been a victim of
domestic violence, dating violence, sexual assault, or stalking—

“(aa) an
explanation of—

“(AA) the right of victims of such offenses to
notify proper law enforcement authorities, including on-campus and local
police;

“(BB) the option to be assisted by campus
authorities in notifying such authorities if the student or employee so
chooses; and

“(CC) the right of victims of such offenses
to not notify such authorities;

“(bb) an
explanation of the right of victims of such offenses, when relevant, to seek an
order of protection, no contact order, restraining order, or similar lawful
order issued by a criminal, civil, or tribal court or enforce an order already
in existence;

“(cc) contact information for victim advocacy,
counseling, health, mental health, legal assistance, and other services
available to victims both on-campus and in the local community;

“(dd) an explanation of the availability of a
victims’ rights advocate to assist in reporting an incident and in locating and
utilizing victim services;

“(ee) an explanation of the institution’s
disciplinary process; and

“(ff) suggested safety planning (including a
change in residence, class schedule, and travel) and individuals at the
institution and in the local community who can assist the victim in
implementing safety planning;

“(II) a description of how such
institution shall help to enforce any order of protection, no contact order,
restraining order, or similar lawful order issued by any criminal, civil, or
tribal court, if the victim has informed such institution of such order;
and

“(III) information about how the
institution will protect the confidentiality of victims, including how publicly
available recordkeeping will be accomplished without the inclusion of
identifying information about the victim, to the extent permissible by
law.

“(B) The policy described in
subparagraph (A) shall address the
following areas:

“(i) Education programs to promote the awareness
of the offenses of domestic violence, dating violence, sexual assault, and
stalking, which shall include—

“(I) primary prevention and awareness programs
for all incoming students and new employees, which shall include—

“(aa) a statement that the institution of
higher education prohibits the offenses of domestic violence, dating violence,
sexual assault, and stalking;

“(dd) information about reporting such
offenses, including such offenses that occur on and off campus;

“(ee) the elements of healthy relationships
and the right of individuals to live without the fear of becoming a victim of
domestic violence, dating violence, sexual assault, or stalking;

“(ff) bystander intervention; and

“(gg) risk reduction; and

“(II) ongoing prevention and awareness campaigns
for students and faculty, including information described in items (aa) through
(gg) of
subclause (I).

“(ii) Possible sanctions or protective measures
that such institution may impose following the final determination of an
institutional disciplinary procedure regarding domestic violence, dating
violence, sexual assault, or stalking.

“(iii) Procedures’ victims should follow if
domestic violence, dating violence, sexual assault, or stalking occurs,
including information about the importance of preserving evidence as may be
necessary to the proof of criminal domestic violence, dating violence, sexual
assault, or stalking, or in obtaining a protection order.

“(iv) Information about to whom the alleged
domestic violence, dating violence, sexual assault, or stalking should be
reported.

“(v) Procedures for institutional disciplinary
action in cases of an alleged incident of domestic violence, dating violence,
sexual assault, or stalking, which shall include a clear statement that—

“(I) such proceedings shall—

“(aa) provide a prompt and equitable
resolution;

“(bb) be
conducted by officials who receive annual training on the issues related to
domestic violence, dating violence, sexual assault, and stalking and how to
conduct an investigation and hearing process that protects the safety of
victims and promotes accountability; and

“(cc) use the preponderance of the evidence
standard;

“(II) the accuser and the accused are
entitled to the same opportunities to have others present during an
institutional disciplinary proceeding, including the opportunity to be
accompanied to any related meeting or proceeding by an advisor of their
choice;

“(III) both the accuser and the accused
shall be simultaneously informed, in writing—

“(aa) of the results of any institutional
disciplinary proceeding that arises from an allegation of domestic violence,
dating violence, sexual assault, or stalking;

“(bb) when the institution accepts an appeal
of such results;

“(cc) of any change to such results that
occurs prior to the time that such results become final; and

“(dd) when such results become final;
and

“(IV) any disclosure of results under
subclause (III)—

“(aa) shall include only the name of the
accused, the violation alleged, and whether any institutional rules or code
sections were violated, essential findings supporting such result, and any
sanction imposed by the institution against the accused (including a
description of any disciplinary action taken by the institution, the date of
the imposition of such action, and the duration of such action);

“(bb) shall include a notice of whether an
appeal will be permitted, a notice of the grounds for appeal, and a clear
statement that if an appeal is permitted, both the accuser and the accused
shall be entitled to appeal; and

“(cc) shall not include identifying
information about the victim.

“(vi) Policies and procedures to ensure that a
student or employee who reports to the institution that he or she has been the
victim of domestic violence, dating violence, sexual assault, or stalking,
regardless of whether the victim chooses to report the crime to campus police
or local law enforcement, shall receive information about options for, and
available assistance in, changing academic, living, transportation, and working
situations, if such assistance is requested by the student or employee and if
such accommodations are reasonably
available.”;

(7) in paragraph (9), by striking “The
Secretary” and inserting “The Secretary, in consultation with the
Attorney General of the United States (through the Director of the Office on
Violence Against Women),”;

(8) by striking
paragraph (14);

(9) by redesignating
paragraphs (15) through (18) as paragraphs (14) through (17),
respectively;

(10) by striking paragraph (15), as redesignated
by paragraph (9), and inserting the following:

“(15)(A) The Secretary shall seek the advice and
counsel of the Attorney General of the United States concerning the
development, and dissemination to institutions of higher education, of best
practices information about campus safety and emergencies.

“(B) The Secretary shall seek the advice and
counsel of the Attorney General of the United States (through the Director of
the Office on Violence Against Women) and the Secretary of Health and Human
Services (through the Director of the Family Violence Prevention and Services
Office) concerning the development, and dissemination to institutions of higher
education, of best practices information about preventing and responding to
incidents of domestic violence, dating violence, sexual assault, and stalking,
including elements of institutional policies that have proven successful based
on evidence-based outcome measurements.”;
and

(11) by striking
paragraph (16), as redesignated by paragraph (9), and inserting the
following:

“(16) No officer, employee, or agent of an
institution participating in any program under this title shall retaliate,
intimidate, threaten, coerce, or otherwise discriminate against any individual
for exercising their rights or responsibilities under any provision of this
subsection.”.

SEC. 4. Effective
date.

The amendments made by
this Act shall take effect with respect to the annual security report under
section 485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1))
prepared by an institution of higher education 1 calendar year after the date
of enactment of this Act, and each subsequent calendar year.